The legal definition of a personal injury is an injury to
your body, mind or emotions. It is not
an injury to physical property. Personal
injury covers physical harm, such as broken bones, bruises, or any serious
injury sustained in an accident. It also
includes the emotional and psychological injury you experienced as a result of
trauma sustained through a humiliating or life-threatening experience.

A personal injury case arises as a result of someone else’s
negligence. If you were the victim of an
accidental personal injury caused through the fault of another, that individual
or business is legally responsible to pay damages and/or compensation.

Handling Your Own Claim

Process

Most personal injury claims involve making phone calls and
writing letters to the insurance company.
They will typically assign an insurance adjuster to your case who may
request that you give them a recorded statement of your version of the
events. Be very careful when giving
information that can be used to weaken your case. Particularly important is to be aware that
not all injuries show up right away.
They may take several days to manifest themselves.

Compensation

The amount of money that you are entitled to in a personal
injury claim depends on several factors.
These may include the type of accident, the nature of your injuries, and
whether it affects your ability to work.
If you don’t currently hold a job due to retirement or other circumstances,
if your injuries preclude you from doing every day tasks or activities that you
enjoy, you may be compensated for the loss of enjoyment of life.

To determine what your claim may be worth, you must become
informed as to the types of damages that you can be compensated for.

They include the following:

Medical care and relates expenses

Permanent physical disability or disfigurement

Lost wages

Loss of family, social or educational experiences and
recreational events such as being unable to go on vacation

Emotional and/or psychological damages

Damaged property such as the vehicle involved in the
accident

Benefits – No Legal Fees

Over 80% of all personal injury cases do not go to
trial. Most personal injury attorneys
will take a percentage of 35 to 40% of any damage award that you may
receive. Depending on the extent of your
injuries and how much time and effort you can invest, it may be a good idea to
handle your own claim.

In some cases, lawyers may charge an hourly rate, which can
add up quickly and diminish the amount of money that you may need to cover your
current expenses as a result of the accident.

Hiring an Attorney

When to Seek Legal Help?

Insurance companies try to settle personal injury claims as
quickly and economically possible. They
are in the business of making money and holding onto it as long as possible so
they can invest it and earn more money.
They don’t like to pay claims as this takes the cash out of their
pockets.

The tactics they use can best be defined as delay, deny and
defend. They will most likely deny that
the accident is the fault of their insured client. They will delay giving you money for as long
as possible hoping that you’ll be desperate enough to take the initial
settlement offer. It is highly unlikely
that the insurance company will provide you with their best offer first. You are not their client and their vested
interest lies in protecting their client.
They will defend any claim you make, even negating your injuries and may
force you to go to trial, which can be a long and expensive process.

If your case involves intricate issues, such as significant
injuries, then it is usually prudent to hire an attorney. The attorney will know how to deal with
complex liability issues or complicated medical opinions. They will also be familiar with the tactics
used by the insurance carrier and will be able to protect their client. Ultimately, that combined knowledge and
expertise will result in a better outcome.

Different Situations Require Different Levels of Expertise

There are a variety of things to consider when deciding if
you can handle a personal injury claim on your own or whether it’s best to hire
an attorney to represent your interests.

If you wish to handle your claim without legal
representation, you must be willing to do homework and research. There are many questions that need to be
answered before you can determine which path to take. They might include:

What is negligence?

What is proximate cause?

What is intervening cause?

How is the amount of damages suffered determined?

What is strict liability?

What does determining negligence depend on?

How is the value of property damage determined?

If you have a small case with few damages and minor injuries
from which you completely recover does not justify hiring an attorney unless
the third-party insurance company of the driver at fault denies liability. If you document your injuries, medical
treatment and loss of wages, you should be able to obtain fair compensation in
your insurance settlement.

However, if you suffered a serious injury and are likely to
have residual effects in the future, it may be in your best interest to hire a
reputable and knowledgeable personal injury attorney. The attorney will be able to:

Assess your injury

Obtain additional evidence, information and reports

Provide information on how to shortcut resolving your injury
claim

Negotiate with all parties involved

Represent you in court

Some of the arguments the insurance company will use to justify
paying out as little as possible on your claim include:

Minimal damage to the vehicles involved in the accident

Too little or too much treatment

Pre-existing injury to the same part of the body

Gaps in treatment

Use of alternative care (chiropractic or naturopathy)

Keep in mind that insurance companies pay higher settlements
to injured people who are represented by an attorney. So, if you have serious injuries or need to
claim a large settlement, then it’s time to seek legal counsel.